Second Jamaat

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Q: I am living in an area with a large Muslim community and we have a small mosjid. We have not got enough space for juma, is it permissible to have a second jamaat?

According to Imam Maalik (Rahmatullaahi Alayh) it is Makrooh to make Salaah in Jamaat with someone other than the appointed Imam. If there is more than one appointed Imam, then too, the preferred opinion of the Maalikiyyah is that it is Makrooh. (Haashiyatus Saawi V2 P247, Al Fiqhul Islaami wa Adillatuh V2 P331)

According to the Shaafi’ee Madhab, if the Masjid is too small to accommodate all the Musallis and there is a fear that the time of Salaah will expire, then a second Jamaat is allowed, or if the appointed Imam gives permission, then it will be permitted to make a second Jamaat. (Mughnil Muhtaaj V1 P 244, Al Fiqhul Islaami V2 P 332)

According to Imam Ahmad (Rahmatullaahi Alayh) it is not permissible to make Jamaat before the appointed Imam except with his permission. It is also permissible to make a second Jamaat after the appointed Imam has led the Salaah. (Al Fiqhul Islaami V2 P332)

Imam Tirmidhi has also recorded this opinion of Imam Ahmad and says that it is also the opinion of Imam Is’haaq and many among the Sahaabah and Taabi’een. (Tirmidhi V1 P373)

According to the Ahnaaf, note the following:

The jurists of the Ahnaaf as a matter of principle have ruled that a second Jamaat is Makrooh Tahreemi.

Thus Allamah Kaasaani (Rahmatullaahi Alayh) has written:

If the people of the Masjid or some of them have performed Salaah with Adhaan and Iqaamah then it is Makrooh for the rest of the people of the Masjid or for others to repeat the Athaan and Iqaamah.

So majority of the Fuqahaa hold the view that a second Jamaat is Makrooh. Among the four Madhabs the Ahnaaf, Maalikiyyah and Shawaafi hold this view. The Hanaabilah say it is permissible and the Shawaafi say that if the Masjid cannot accommodate all the Musallis at one time then it will be permissible.

Those who say it is permissible cite the Hadeeth of Tirmidhi as proof.

They also cite a Hadeeth of Bukhaari. In this Hadeeth it is mentioned that Sayyidina Anas (Radhiyallaahu Anhu) came to a Masjid wherein Salaah had already been completed. He then performed Salaah with the Adhaan and Iqaamah being given again. (Bukhaari V3 P33)

Those who say it is Makrooh cite this Hadeeth that once Rasulullah (Sallallaahu Alayhi wa Sallam) went to arbitrate between two factions. Thereafter when he went to the Masjid Salaah in Jamaat was already done. He returned to his home, gathered the family members and made Jamaat with them (in the house). (Majma’uz Zawaa’id V1 P258)

There are a few scenarios wherein a second Jamaat will be allowed. Those are mentioned here that are relevant to the question:

1. If there is no appointed Imam for the Masjid then a second Jamaat will be allowed. (Fataawa Al Hindiyyah V3 P105)

2. People from outside and not from the locality gave Adhaan and Iqaamah and made Jamaat. Thereafter it will not be Makrooh for the people of the locality to again render the Adhaan and Iqaamah and perform Salaah in Jamaat. (Raddul Muhtaar V4 P218)

3. The first Salaah is made with Adhaan and Iqaamah and the second Jamaat is done without Adhaan. This is approved unanimously by the Ahnaaf jurists. (Raddul Muhtaar V4 P219)

According to Imam Abu Yusuf (Rahmatullaahi Alayh) if the second Jamaat makes changes in the ‘Hay’at’, i.e. changes in the format compared to the first Jamaat, then a second Jamaat will not be Makrooh. An example of a ‘change’ is that the second Imam does not stand where the first Imam stood. The Imam usually stands at the Mihraab. The second Imam should stand away from the Mihraab. (Raddul Muhtaar V4 P220)

Allaamah ibni Nujaym (Rahmatullaahi Alayh) also says that there is no problem at all if (the second Imam) stands at a different place from where (the first Imam) stood.  (Al Bahrur Raa’iq V3 P382)

The jurists have accepted and approved of the opinion of Imam Abu Yusuf.

Jumu’ah Salaah is from among the salient features of Islam and holds great importance, thus the jurists have tried to create leniency so that all aspects are accommodated. For example, there should be only one Jumu’ah in a town, but if a single place cannot accommodate all the Musallis then they have given permission for Jumu’ah to be performed in more than one place in a town. (Al Bahrur Raa’iq V5 P140)

The Maalikiyyah also say the same. (Haashiyatus Saawi V2 P351)

Although according to the ruling of Imam Shaafi’ee (Rahmatullaahi Alayh) Jumu’ah in more than one place in a town is not permissible, the latter jurists of the Shaafi’ee Madhab gave permission, looking at the need.

The purpose behind leniency is so that the importance of the Jumu’ah is not decreased in the minds of the people and that every person ensures that he performs Jumu’ah Salaah.

Worse than having a second Jamaat is some people not performing Jumu’ah at all.

Keeping the above discussion in mind, the following is suggested:

1. The responsible people of the community should endeavour to procure a second place for the Jumu’ah Salaah, such as a hall, etc. or even an open field.
2. Until that is not possible, let a second Jamaat take place at the Masjid. It is better than depriving the people from Jumu’ah Salaah.
3. It should be done in this manner: The first Jamaat will give the Adhaan and Iqaamah. The second Jamaat will not give Adhaan and Iqaamah.
4. The second Imam will not stand where the first Imam stood. Rather he should stand in a slightly different place. This will fulfil the requisite mentioned by Imam Abu Yusuf.
5. It will be better for the appointed Imam of the Masjid to perform the second Jamaat so that the second Jamaat will be counted as the people of the locality and the first Jamaat as outsiders. As mentioned above, a second Jamaat by the local people (residents of the area) after the first Jamaat by outsiders is valid and accepted unanimously.

If done as mentioned above then the Makrooh factor mentioned by the Ahnaaf will be removed.

Do remember that the original ruling is that it is Makrooh to have a second Jamaat in the same Masjid. Therefore concerted effort should be made to extend the current Masjid or procure other premises for Jumu’ah. The second Jamaat leeway is because of necessity and should not become a permanent feature, and it is to safeguard the Jumu’ah of the people.

Allah Ta’aala knows best.

(This writing is based on a Fatwa in Kitaabul Fataawa V3, by Hadhrat Moulana Khalid Sayfullah Saheb Rahmani Daamat Barakaatuhum)  

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

No Focus in Salaah

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Q: I happened to pray zuhr salah at home, but as soon as I started to pray, a family member unintentionally started to talk to somebody loudly and with the other person on speaker. I did complete my prayer without any mistakes but during the entire time I could hear these people talk and there was no focus or khushoo in the salah. Is this salah valid or does it need to be repeated?

Although there was no focus, nevertheless the Salaah is valid and does not have to be repeated.

Moulana Yusuf Laher

Hand on Head after Salaah

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Q: Why after Fard salaah do we keep our right hand on our heads?

It is not necessary to do so nor is it a part of the Salaah.

A Hadeeth mentions a Du'aa that can be recited after Namaaz. If the person recites this Du'aa then he will place or rub his right hand on the front of his head while reciting it.

Moulana Yusuf Laher

Reciting behind Imam

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Q: When performing salah behind the imam for zuhr and asr, since these are silent prayers do you have to recite surah fatiha and a surah yourself or remain silent? Also during the last two rakats of esha, if reading behind an imam, do you read surah fatiha or remain silent?

You will remain silent in all the Rakaats you mentioned.

Moulana Yusuf Laher

Shafi Imam and Qunoot

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Q: Shafi imam leads congregation. Is he obligated to read Qunoot at the end? If he doesn't, is his salat valid? The followers are hanafi majority.

If the Imam is a Shaafi'ee, he will read the Qunoot. It is a compulsory Sunnah upon him. This applies to Fajr.

Moulana Yusuf Laher

Calculating Missed Salaah

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Q: I would like to know how to calculate the cost for missed salah for my late dad.

The Fidyah for each Salaah is one Fitrah amount, that is, the Sadaqatul-Fitr that is paid out on the occasion of Eidul-Fitr. In the Hanafi maz-hab one has to pay Fidyah for the Witr Salaah as well, making it 6 Qadhaa a day. For each Qadhaa one has to pay one Fitrah amount; so that's 6 Fitras for the day.

The ruling regarding Fidyah for a dead person is that if the deceased had left behind money and had instructed the heirs to pay his or her Fidyah from that money, then payment of Fidyah will be done up to one third of the estate. Over and above that, the heirs will not be obliged to pay any more Fidyah out for the deceased. Heirs are allowed to pay whatever they can afford on behalf of the deceased from their own pocket, and then make Du'aa to Allah Ta'ala that He forgives the deceased for the unpaid Salaahs.

At the time of paying, find out what the Fitrah amount is for the day you choose to pay.

Mufti Siraj Desai

Start of Concessions for Traveller

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Q: When are you classed as a musfair (Islamic traveller) when you are travelling a distance more than 52 miles? Is it the moment you leave your house? This is what I heard so is there any clear proof ?

If a person is travelling for 77.7km or more then he becomes a Musaafir when he leaves the border of his hometown and not when he leaves his house. This is mentioned in the books of Fiqh.

Moulana Yusuf Laher

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